WSP01829

• File Number: 8030
• Description: Section D General Compact Issues - US Water Resources Council
• State: CO
• Basin: Statewide
• Date: 8/1/1971
• Author: US Water Resources C
• Title: Regulation of Flood Hazard Areas to Reduce Flood Losses - Draft - Volume II Part V - With Appendices
• Water Supply Pro - Doc Type: Report/Study

dd23?1.
JUDICIAL REACTJ:ON r... .. 47

5-334

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agency, with expert assistance; to determi.ne the limit of

I
I
regulatory flood hazard areas, f100dway li~its, and minimum protec-

tion elevations for building sites, onsite, waste disposal,

roads, and other facilities. Such a case-by-case elevation

of flood hazards is discussed in Volume One, Part Ill, Chapt",r 3,of-this'

report, and the approach is embodied in the draft flood plain'

zoning ordinance, Alternative' II, which is contaiiled'in Part
of Volume One.

IV! The draft subdivision ordinance contained in the next

chapter of Part V also establishes ,minimum plan requirements

for such an approach. To permit a case-by-case evaluation,

the subdivider is required to submit detailed topographic

information, oross sections of the river valley, and olans

fc.:c his \;u]}qi visi <;or> ' ~""r"i rE!Jr.~:lts t!1at develo!)ers slJPplymapR

and plans prior to building construction have been upheld in
other contexts.40

The review agency fully or conditionally approves' or
denies approval of the tentative plan once it has determined
the flood hazard at a subdivision site and evalUated the pro-
posed subdivision in relation ~o the hazard. As.a practica~
matter, considerable negotiation usually ,goes on between the'
subdivider, and the review agency at this stage. If the pro-
posed plan is not satisfactory, the ~gencymay'suggest,alter-
native changes which may' bring 'the plan into conformance with
subdivision standards.' The d~aftordinance contained in
Chapter4 permits a wide range of individualadjustn~ntstc
flood problems. Often through face-to-face negptiation, a
plan can be devised which meets both subdivider and community